The United States Supreme Court has held that the police or law enforcement entity must have a “reasonable suspicion” that a crime or traffic offense has been committed or is in progress of being committed in order to stop a vehicle. (This does not apply to DUI Sobriety Checkpoint Stops. Those DUI stops are determined in advance by means of a mathematical formula decided by City or County Officials or the Police Department Management for that particular Task Force or DUI Check Point location).
“If your Scottsdale DUI stop was found to be illegal, there is strong possibility it will lead to your Scottsdale DUI charges could be dismissed.”

If the officer did not have a valid “reasonable suspicion” as described above, then the remedy in negotiations with the prosecution may call for a dismissal of the DUI charges. An officer cannot legally stop a driver unless they can substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. For example weaving within one’s own traffic lane for a short distance or making a wide turn, is not generally unlawful and should not justification for a Police Officer to stop you for suspicion of Drunk Driving in or Drug DUI in Scottsdale. These types of driving actions are commonly seen in unimpaired drivers.

If the Scottsdale DUI stop by the police was illegal then your Scottsdale DUI Attorney will go through the proper channels, argue the defense, and file the appropriate motions to have your DUI charges dismissed. The police officer works closely with the prosecution, to justify that their actions of stopping the vehicle are convincing that reasonable suspicion” existed for the stop to be valid. If the Prosecution and your Scottsdale DUI Lawyer are unable to reach an agreement, finally, it will be up to the judge to decide if the stop was truly meritless. In some cases charges can be reduced or evidence suppressed. But at the evidentiary hearing, when your Attorney discusses the weaknesses in the prosecutions cases, they are much more likely to negotiate in your favor for the best possible outcome. The best outcome of course is that if the prosecution agrees or judge decides that your Scottsdale DUI stop was found to be illegal, there is strong possibility it will lead to your Scottsdale DUI charges being dismissed.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.